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FLORIDA DIVORCE

 

 

Q.  I just moved to Florida and want to divorce my husband.  What do you suggest I do?

A.  Move back to the state from which you came.  Florida has a six month residence requirement before you can even file for a divorce.  If you can wait six months, the divorce procedure is fairly simple, if your marriage is irretrievably broken.

Q.  I just left my husband.  We are not desirous of a court battle over our property.  Can a settlement be made to avoid a court battle?

A.  Yes.  A property and separation agreement can be written if both parties agree and if husband and wife can concur on property distribution, alimony, child support, custody and visitation rights.  Such agreements should be reviewed by attorneys representing each party, as the attorney drafting the agreement can only represent one party.  All signatures on the document should be notarized.

Q.  I recently moved to Florida and need advice regarding divorce.  My wife and I own extensive properties in Virginia.  My wife is very much against the divorce and refuses to sign any agreements.  Will Florida courts divide the property in Virginia if one party still lives in Virginia?

A.  No.  The Florida courts will grant a divorce if one party has lived in Florida for six months, but will not generally make property settlement agreements on out-of-state property under the above circumstances.

Q.  What does a divorce cost?

A.  I presume your question refers to court costs, filing fees, and attorney fees.  In Pinellas County, the present filing fee is $408.00 and the service of a summons fee is $40.00 by the sheriff or $40.00 to $60.00 by the special process server.  Keep in mind that fees differ from county to county and are subject to change, so you should contact your local courthouse to determine present costs.The attorney fees vary upon several factors.

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